1984 (5) TMI 85

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....the following question said to be a question of law arising out of its consolidated order dt. 24th Dec., 1983 in ITA Nos. 113 and 116/Chand/82, to the High Court of Punjab and Haryana: "Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the interest accrued on the amounts set apart on partition as provision for marriage and maintenance of th....

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.... from the decision of the CIT(A), the Tribunal placed its reliance on its earlier decision in the case of the assessee itself in ITA No. 540/Chandi/80 dt. 12th Nov., 1982 and confirmed the finding of the CIT(A). 3. As a matter of fact, this issue is covered against the Revenue by the Punjab and Haryana High Court decision in the case of CIT vs. Basant Singh (1983) 140 ITR 937 (P&H) and, therefo....

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.... had submitted that till a dispute is laid at rest by the Supreme Court, reference should not be denied on the basis of a High Court decision, even of the same State and, therefore, said reference was granted. But now we have two decisions of our own High Court— CIT vs. Shiv Parshad (1983) 35 CTR (P&H) 165: (1984) 146 ITR 397 (P&H), which is followed in another case that is of Telu Ram Raunqi Ra....

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....n of this Court in the light whereof the Tribunal had no option but to held that the IAC did have the jurisdiction to levy penalty despite the factum of amendment in question, the Tribunal could not have referred that question for the decision of this Court as that tantamounted to its questioning the correctness of the binding decision of this Court." Their Lordships in the case of Shiv Parshad....